Why More States Should Establish State Defense Forces

Abstract: Twenty-two states currently have volunteer state guard
units. These units, formally known as state defense forces (SDFs), are today’s
state militias. Authorized by the Constitution and built on a strong U.S.
militia tradition, today’s SDFs offer a vital, low-cost force multiplier and
homeland security resource. In July 2011, Arizona’s Senate Bill 1495 went into
effect, authorizing Arizona’s governor to establish an SDF. Historically, state
defense forces were often organized as light infantry and military police
forces. This model is largely a relic of past security and defense needs. While
SDFs are not necessarily required in states with low risk of natural disasters
or terror attacks, several states that are at high risk for catastrophes
have yet to create a modern state defense force. Such states can no longer
afford to place establishment of an SDF on the sidelines. Four national security
analysts, including two retired SDF officers, explain how SDFs work, and why
they are invaluable to so many states—and to the country.

On July 27, 2011, Arizona’s Senate Bill 1495 (S.B. 1495) went into effect,
authorizing Arizona’s governor to establish a state guard unit.[1] These units, formally known as state defense forces
(SDFs), are today’s modern state militias. Authorized under the Constitution and
by state and federal law, and built on a strong U.S. militia tradition, today’s
volunteer state defense forces offer a vital, low-cost force multiplier and
homeland security resource.[2]

It now stands with Arizona’s governor to establish the force. If established,
Arizona’s state defense force would become the 24th active SDF of the United
States (22 in other states, one in the Commonwealth of Puerto Rico). Obtaining
statutory authorization to stand up the force, however, is only the first step.
Arizona’s state leaders must now organize and train their newly authorized SDF
and assign to it those missions most critical to the state.

Historically, state defense forces were organized along traditional unit lines,
usually as light infantry and military police forces.[3] This model, however, is largely a relic of past
homeland security and homeland defense needs. Today’s threats require a
different mission. Modern SDFs now serve as auxiliaries to the National Guard
units of their states, as well as force multipliers for state homeland security
missions in disaster preparation, response, and recovery. This mission portfolio
requires a different model than has been seen in the past, one that centers on
building professional units capable of contributing substantial value added to
the states and augmenting the National Guard’s capabilities.

Once Arizona’s governor formally authorizes the establishment of the state
defense force, determining how to design and build the force will be the next
challenge. In building a professional SDF, Arizona could learn from the
experiences of other SDFs, and, in turn, serve as a model for other states. SDFs
are not necessarily required in states with low risk of natural disasters or
terror attacks. But several states that are at high risk for catastrophes
have yet to create a modern state defense force, despite the SDFs’ role as
cost-effective force multipliers and resources, especially when a state’s
National Guard units are depleted by combat deployment, peacekeeping, or
homeland defense missions. Such states can no longer afford to place the
valuable national security asset that an SDF embodies on the sidelines.

State Defense Force: The Modern State Militia

State militias have been seen as an essential component of the defense of
America since the time of its founding. Building on English and Colonial
experience, and reflecting their concerns about maintaining a large standing
federal army, the Founding Fathers inscribed their belief that a well-regulated
militia was “the ultimate guardian of liberty” within the Constitution,
proclaiming among the enumerated powers of Congress the following:

The Congress shall have the power…to provide for calling forth the Militia to
execute the Law of the Union, suppress Insurrections and repeal Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for
governing such Part of them as may be employed in the Service of the United
States, reserving to the states respectively, the Appointment of the Officers,
and the Authority of training the Militia according to the discipline prescribed
by Congress.[4]

With this language, the Constitution granted the federal government the power to
call forth the militia of the United States, but left the states the freedom to
man and train their militias as they saw fit.

Five years after the Constitution was ratified, state militia powers were more
fully addressed by the Militia Act of 1792, which provided that the adjutant
general (TAG) of each state would command the militia and that state militias
would receive no federal funding.[5] By
1820, the Supreme Court would further solidify the powers of the states in
commanding militia units. In Houston v. Moore, the Court ruled that
states maintained concurrent authority with the President to mobilize the
militia in the event of a natural disaster, civil unrest, insurrection, or
invasion.[6] This decision helped to set
the basis for the modern state-apportioned militia.

Today, 22 states and one territory have a state defense force, with the force
strength of these units totaling around 14,000 members in 2005.[7] Authorized by Congress in Title 32 of the U.S. Code,
SDFs are entirely under state control—unlike the National Guard, which can serve
the state under Title 32 or the federal government under Title 10[8]—both in peacetime and otherwise.[9] (National Guard troops serve both in
their state’s militia and concurrently as reserve personnel of the Army or the
Air Force, the Navy and the Marine Corps having no National Guard components.)
Hence, while the National Guard is a dually appointed force that can be called
to federal service under Title 10, or remain a state force under Title 32, SDFs
serve solely as Title 32 forces.

This status gives SDFs two important advantages. First, SDFs are continually
resident within their respective states and can be called up quickly and easily
in times of need. Also, SDFs are exempt from the restrictions of the Posse
Comitatus Act,[10] which prohibits troops
in federal service under Title 10 from engaging in domestic law enforcement
activities.[11] While the Posse Comitatus
Act has never proved to be a major obstacle to deploying federal forces for
domestic emergency response, and does not apply to the Army National Guard or
Air National Guard while serving solely in state status under Title 32, SDFs may
enforce civilian criminal law uninhibited by legal obstacles, if given that
power under state law.[12]

Typically, SDFs are under the control of the state’s governor, in his or her
role as militia commander in chief; operational control and the chain-of-command
typically run from the state’s adjutant general, through the state’s military
department, to the commanding general of the SDF.[13] That is, the adjutant general, who is the state’s
senior military commander and typically a member of the governor’s cabinet,
commands the SDF on behalf of the governor. As the commander of the State
Military Department, TAG is responsible for all training, equipment allocation,
and decisions regarding the SDF’s strength, activity, and mission. The adjutant
general is also the commander of the state’s National Guard and often directs
state emergency response.[14] Through TAG
and the state’s joint staff, the SDF can easily coordinate with other key
components of the state emergency response.

In recent years, SDFs have proved their value as vital force providers to
homeland security and emergency responses. After 9/11, for instance, the New
York State Guard, the New York Naval Militia, and the New Jersey Naval Militia
were activated to assist in response, recovery, and critical infrastructure
security.[15]An estimated
2,274 SDF personnel participated in recovery efforts after Hurricane Katrina.
SDF personnel were activated in at least eight states, including Texas,
Maryland, Virginia, and Tennessee.[16]
They assisted directly with recovery efforts or stayed in their states to fill
the roles of the state National Guard units that were deployed to assist in the
recovery.[17] SDFs have also offered
critical infrastructure protection. In Operation Noble Eagle, a homeland defense
and civil support operation after 9/11, the Alaskan SDF helped protect the
Alaska oil pipeline.[18]

The Case of Arizona

In May 2007, Arizona’s state legislature passed S.B. 1132. The bill sought to
create a “homeland security force” such that “after consideration of federal
deployment of the national guard, if the governor determines that an emergency
exists or that it is necessary to protect lives or property.”[19] While not outwardly stated, this “homeland
security force” was widely accepted to mean an Arizona SDF. Passed in the
Arizona Senate by a vote of 18 to 11, and in the House of Representatives by 34
to 21, the creation of this special volunteer homeland security force received
clear support from the Arizona legislature and public. S.B. 1132, however, never
became law, as it was vetoed by then-Governor Janet Napolitano.

In 2011, the Arizona legislature tried again, proposing and passing S.B. 1495.
The bill, sponsored by Arizona Senator Sylvia Allen (R–Fifth District) and
Representative Jack Harper (R–Fourth District), was signed by Governor Jan
Brewer on April 28, 2011, and became law 90 days later. With the passage of this
legislation, broader in scope of authorization than its failed predecessor,
Arizona’s governor is now authorized to stand up a unit of the Arizona state
guard, a state defense force, “if the national guard of Arizona or a major
portion thereof is called into active federal service…or for any other reason
the governor considers to be necessary...for the safety and protection of the
lives and property of the state.”[20] In
the case of border states, border security might very well be one of those
reasons. As long as any SDF border-security contingents respect the three main
tenants of volunteer activity—liability, accountability, and
sustainability—states should be allowed to decide which missions their SDFs will
fulfill.

Taking advantage of this newly granted statutory authority and creating an SDF
in Arizona would add significant value to the state, particularly in terms of
disaster preparedness. In 2010 alone, Arizona experienced six major natural
disasters, ranging from severe storms and flooding to wildfires and winter
storms.[21] In 2011, Arizona had the
largest wildfire in state history as three major blazes burned simultaneously.
The Wallow Fire alone scorched an estimated 835 square miles, forced the
evacuation of roughly 10,000 people, and destroyed 32 homes.[22]

While the first tier of response to natural disasters is typically composed of
state and local fire and police first responders, many of them volunteers, these
resources and capabilities may quickly become stressed in the event of
large-scale, catastrophic disasters. In such cases, National Guard troops may be
expected to be called out for Title 32 service to aid response and recovery
efforts. However, National Guard troops may be unavailable to respond in
sufficient numbers, due to the Guard’s increasing commitments to active duty
deployments. Additionally, because the Guard is typically organized along the
needs of combat, sufficient expertise in particular fields (such as
medical expertise and engineering) may not be available in its ranks to satisfy
emergency requirements. Likewise, while direct federal support may be
appropriate in the event of catastrophic disasters, such as Hurricane Katrina,
federal assistance can take up to 72 hours to mobilize and arrive at the scene
of the disaster.[23] SDFs, on the other
hand, can be mobilized quickly to respond to disasters in their own states. SDFs
are also likely to have significant “local knowledge”—intimate familiarity with
the area and resources at hand—making SDFs vital for effective disaster
response.

In the aftermath of Hurricane Katrina, at least eight states activated their
SDFs to aid in the recovery efforts and to fill in for National Guard members
deployed to Louisiana and Mississippi. State defense force personnel were
involved in the operation and management of shelters, distribution centers, and
warehouses; housing and transportation of victims; unarmed police assistance;
and religious services. There was even an unprecedented swearing-in of over 100
emergency medical personnel on an Air Guard base tarmac to allow them to
practice in the disaster areas, as allowed by multi-state Emergency Management
Assistance Compacts.[24]

As another example, when flooding from Hurricane Alex in 2010 forced 850 south
Texas residents to evacuate their homes, more than 750 Texas SDF members were
mobilized to staff shelters.[25] An
Arizona SDF could aid its state in disaster response in much the same way,
quickly supplying boots on the ground to aid victims and help begin local
recovery work.

Arizona could further benefit from an SDF after a terrorist attack. While none
of the 43 publicly known thwarted terrorist plots against the U.S. since 9/11
has been aimed at Arizona, Phoenix has consistently been rated by the federal
government as an urban area with one of the highest risks of a terror attack.
This rating stems from the Urban Area Security Initiative (UASI) program, which
is intended to provide funding to high-risk, high-density urban areas in order
to help them build the capacity “to prevent, protect against, respond to, and
recover from acts of terrorism.”[26]
Phoenix has received a UASI grant every year since the program began in 2003,
even after the program was scaled back from 63 to 31 cities in 2011.

The Need for the SDF

Today’s modern militia, the state defense force, has a long history in the
United States, although its scope and design have changed over time, as the
threats to the United States and each state have evolved. Throughout World War
II, the Korean War, and the Cold War, the modern state defense force was
organized to serve in traditional military roles, such as light infantry or
military police. The initial SDF mission was largely to support the National
Guard by protecting armories whenever the assigned state National Guard unit was
not in attendance (when the Guard was mobilized en masse, as happenedin World Wars I and II), to perform burial honors, to support local events
as Color Guards in parades, to provide ushers and parking monitors for local
events, and, when available, to provide first aid at local events. These were
tasks, albeit of value, that obviously required minimal training and
qualifications.

With the Cold War over, the nation and the states face different threats. Rather
than preparing to fight Communism, the United States is now faced with an
entirely different threat, that of radical Islamists who use terror as a weapon.
This threat, coupled with the ever-present risk of natural disasters, has
created an increased need among the states to strengthen and augment their
homeland security capabilities. With the recent high mobilization rates among
the nation’s National Guard forces, both as units and as individuals, due to the
wars in Iraq and Afghanistan, forward-thinking governors and TAGs have begun
looking to their SDFs as force multipliers, providing key elements of
all-hazards homeland security for their states.

Force Design. Meeting this redefined mission set has required a new
model. This model should rest on creating professional units within an SDF,
units which add to existing capabilities and create a force that adds greater
value to the TAG, National Guard, and state as a whole. Likewise, force design
largely depends on the type and level of the missions and the extent to which
the TAG is willing to integrate the SDF with the National Guard. In implementing
force design, states should consider the risks posed by the following threat
scenarios:

Natural disasters and their aftermaths;

Terrorist attacks against population, infrastructure, or facilities; and

Other hazards to public health and safety, such as outbreaks of contagious
diseases.

Typically, a modern SDF is organized as a brigade, with a brigadier general in
command, structured as follows:

commanding general (the brigadier general)

deputy commander

chief of staff

between two and five battalions

specialized professional components (directorates)

medical regiment

engineer regiment

judge advocate general (JAG)

chaplaincy

band

cavalry

constabulary training

Under the chief of staff are up to nine specialized staff functions providing
organizational or operational input, bearing the letter and number designations
commonly used for general staff elements of Army units:

G1 – personnel and administration

G2 – intelligence and security

G3 – operations

G4 – logistics

G5 – plans

G6 – signal, communications, information technology

G7 – training

G8 – finance, contracts, resource management

G9 – civil–military co-operation (CIMC), civil affairs

In the modern SDF, attention must be paid to the special professional components
that will best meet the needs of the state. There are no field manuals or other
set publications that describe “best practices” for an SDF. Nonetheless,
interchanges among SDF personnel do occur, and an analysis of existing
literature illustrates some specific “professional components” that form part of
vibrant SDFs throughout the United States. These include:

Medical units. SDFs throughout the nation draw on the professional
experience and qualifications of many medically trained personnel, who are
organized into specialized medical units. In terms of disaster response, SDF
medical units have been used to provide care for trauma victims, mental health
support, and sanitary and other public health assistance, adding to states’
medical surge capacity.[27] Outside of
disaster situations, SDF medical units have provided health care services to SDF
and National Guard personnel, as well as to local residents. The Medical Brigade
of the Texas State Guard (TXSG), for instance, runs free medical clinics as part
of its training operation: Each year, Operation Lone Star provides medical care
consisting of basic dental care, medical exams, blood pressure and diabetes
screening, and child immunizations to roughly 12,000 patients.[28]

The Maryland State Defense Force (MDDF) 10th Medical Regiment made a significant
impact after Hurricane Katrina, and serves as an example to other states of the
benefit of SDF medical units. Professionals from the Maryland Department of
Health and Mental Hygiene, the Maryland Institute for Emergency Medical Services
Systems, and the Maryland Emergency Management Agency were ready and willing to
serve, but Maryland was without an effective means for transporting them to, and
supporting them in, the disaster area. The solution was to induct each
individual into the MDDF on the tarmac, which facilitated transportation and
deployment under relevant legal authority.[29]
The MDDF Medical regiment then arrived at an abandoned hospital, in which it set
up headquarters. The mission, Operation Lifeline, with only 250 MDDF volunteers
lasted for 18 days and aided 6,300 patients.[30] More than a hundred of these personnel remained in the MDDF after returning
home, and form the core of its strong medical regiment. Among the many current
missions of the MDDF’s medical regiment is the conduct of post-deployment health
assessments of National Guard personnel returning from overseas, in an attempt
to make sure that latent physical or psychological needs from their deployments
do not go unmet.

Engineeringunits. In terms of engineering, the Maryland Defense
Force has once again found itself a leader among the nation’s SDFs. Established
in 2006, the MDDF engineer directorate, the 121st Engineer Regiment, has grown
exponentially in size. By 2009, the regiment was executing 100 percent of all
inspections of state military facilities across Maryland for the Maryland Army
National Guard (MDARNG). Similarly, other SDFs could aid their states’ military
department and emergency management agency through the creation of engineering
units, not only through inspection of facilities, but also through critical
infrastructure and disaster assessments.[31] These units can draw on the professional experience of members with
graduate-level studies or professional engineering experience, as well as seek
to recruit members to meet this need. All personnel are screened to make sure
they have the level of state licensure and experience commensurate with their
SDF billets, and like other professional personnel must maintain proper
licensure.

JAG units. Another key area of specialization is found in the legal
profession. Whether working quietly in advising the commanding general and his
staff, or representing and advising individuals, JAG units are today considered
indispensable by commanders. Brigadier General Roland Candee provides insight
into the legal status of the militia and how the militia fits into the total
force, but does not detail the role of SDF lawyers.[32] Because SDF lawyers and allied professional
personnel (such as paralegals) are licensed to practice in their SDF’s state,
they can represent members of the National Guard and their families pro bono
in civil matters that are not able to be addressed by active duty JAGs.
These matters have included, for the MDDF, helping deployed personnel with child
custody issues, home foreclosures, and a myriad of other legal matters about
which a deployed National Guard member and his or her family should not have to
worry. Also, the complexity of the constitutional and statutory framework within
which SDFs operate, as noted earlier in this paper, requires that commanders
have access to expert legal advice, which can be furnished only by lawyers who
have a firm grasp of both lawyering and soldiering.

Communications units. After Hurricane Katrina, the communications
infrastructure was one of the most heavily hit critical infrastructures. Some
2,000 cell towers were destroyed, land mobile radio communications were
crippled, and 911 emergency phone access wasdebilitated. While the
severity of the damage was great, at landfall Hurricane Katrina was only
measured as a category 3 storm. Although the catastrophe was exacerbated by the
strong surge, levee breach, and flooding in the wake of the storm, it is likely
the area will experience another storm of the same, or greater, magnitude.[33]

SDFs can help prepare state communications systems for future disasters by
building mobile communications systems to add to state capabilities during
response and recovery work. The South Carolina State Guard (SCSG), for instance,
contains a Division Communications Section. This section consists of two mobile
communications trailers, containing radios capable of high frequency, VHF/UHF,
and general mobile radio service (GMRS) transmission, in addition to
air-to-ground radio capabilities, repeater systems, and an assigned Federal
Communications Commission (FCC) frequency. The SCSG has reached out to
amateur-radio clubs to coordinate communication and to recruit club members for
State Guard membership, even establishing its own South Carolina State Guard
Amateur Radio Club and applying for an FCC club license.[34] Maryland is also developing a signals unit along
these lines.

Chaplaincy units. Another way that SDFs can add significant value to
the states and their National Guard units is through the provision of chaplains.
Military chaplains not only conduct services, they also provide counseling
services and cultural and religious education.[35]

The U.S. Army Reserve and National Guard employ approximately 1,200 chaplains,
yet as of July 2011, the Reserve Components of the Army were still short roughly
300 chaplains. While the Army estimates that the Chaplain Corps’ billets will be
completely filled by 2014, SDFs can help the National Guard fill this gap.[36] Chaplains at SDFs do not only serve
the spiritual needs at their own SDFs, but aid the National Guard by providing
temporary additional duty (TAD) chaplains to National Guard units that either
lack a chaplain or whose chaplain has been transferred to a deploying unit.[37] In emergencies, chaplains can also
provide nondenominational counseling to affected responders and citizens.

Recruitment. Of course, force structure means nothing without the
effective recruitment of members. Typically, SDF recruiting is a collection of
approaches put together by the G1 staff element responsible for personnel
matters, based on input from its own staff and others on the general staff. Any
recruiting plan becomes unique to the SDF unit itself. It cannot be
overemphasized, however, that the key to building a strong professional force is
to recruit a “key” person as its commander. This person may be a leader in his
or her professional field and in the community, such as a prominent physician, a
judge or well-known lawyer, or a leading cleric or engineer. These people are
connected with the network needed to effectively communicate the SDF story to
their peers and have access to the channels and language essential to reach out
broadly to potential recruits.

An SDF recruiting plan is typically aimed at:

Retired military—looking for a way to continue serving their country and
communities, and retain a sense of military camaraderie;

Military personnel electing not to serve further in the active or reserve
forces, but wanting to retain that sense of camaraderie;

Those who choose not to serve in the active or reserve forces, but want to
provide some form of service for their state and community;

Veterans’ associations, such as the American Ex-Prisoners of War, the American
Legion, AMVETS, Catholic War Veterans, Disabled American Veterans, Jewish War
Veterans of the USA, Military Officers Association of America, Non-Commissioned
Officers Association, Retired Enlisted Association, and Veterans of Foreign Wars
(VFW);

Recruiting advertisements and brief civilian style “after action” articles on
completed missions in support of the state or local community in community
newspapers;

Recruiting by means of visits to professional organizations (such as those for
lawyers, engineers, medical personnel, or chaplains) whose members—especially
those with former military service—are often very willing to join an SDF;

States may also offer state tax exemptions or state tuition reimbursement as
an added incentive for service in the SDF;[38] and

A strong and inviting website, with easy-to-access links, including a link for
use by potential recruits to obtain more information, talk with a recruiter, or
to obtain an application. The website should clearly spell out qualifications
for membership and the opportunities in the SDF.

Age and physical health requirements for joining an SDF differ from those
required for federal service, whether active duty or not. Strict active-duty
standards are not necessary, as SDF members are not expected to be able to
perform the full range of military duties in a combat environment. Appropriate
weight and grooming standards are typically set by regulation, while state law
may establish age requirements in the SDF-enabling legislation. When setting age
and physical health requirements, it is important to take into account that SDFs
are composed largely of retired military personnel and other seasoned
professionals who tend to be older than deployable National Guard troops, and,
hence, cannot be expected to meet the same physical (today, essentially “active
duty”) standards. Nonetheless, their years of professional and military
experience can be absolutely invaluable and must not be discounted. “In many
cases it is not uncommon in a group of four or five SDF officers to find 100
plus years of military experience.”[39]
Thus, allowances are typically made to customary military standards of weight
and fitness, but members who wish to wear military uniforms are customarily
required to meet physical and grooming standards that assure their military
appearance in uniform. Some SDFs (such as Maryland’s) may allow members who do
not conform to their military uniform-wearing criteria to wear a “non-military
uniform,” such as khaki slacks and a logo polo shirt, or logo “scrubs” for
medical personnel.

Background Screening. Due to the nature of the state defense force in
terms of its representation of the governor and TAG (and the fact that members
of some SDFs may be armed while on duty) it is usually required that, at a
minimum, a criminal background check be performed prior to induction. Thus,
states should consider a requirement that both federal and local criminal record
checks be conducted, as well as a local background check in the localities
surrounding the individual’s home and work locations. It is essential to obtain
the recruit’s consent to this screening beforehand.

Finance. The SDF is a volunteer military organization. There is no
general requirement for a budget to cover such costs as salaries, facilities,
equipment, training, travel, and general and administrative expenses. Each state
legislature determines precisely what will be covered, at what cost, and for how
long. For example, some SDFs:

Offer payment for activated troops according to their grade, some pay them a
fixed amount for all grades, some do not pay their troops anything unless they
have been activated for a specific event;

Cover transportation costs (although most do not); some also arrange for
passes to permit free use of state-owned toll highways, bridges, and tunnels;

Use federal surplus warehouses for uniforms and equipment (many do not); some
also accept state surplus enlisted uniforms and office equipment; and

While states are not required to budget for SDFs, there are ways in which SDFs
can obtain support funds or equipment:

Establish a chapter supporting the State Guard Association of the United
States. Approximately one-half of the SDFs have such a chapter. Since these
chapters are IRS 501(c)(3)-certified, they can seek donations and grants to
provide a variety of support for their SDFs. Maryland has such a chapter, as
well as its own dedicated 501(c)(3) foundation, which has proved immensely
useful.

Petition their National Guard for access to surplus equipment, training
material, and training facilities.

Prepare grant requests for special purposes, such as medical supplies and
equipment, training material and audio-visual equipment, communication
equipment, or a trailer to house a disaster mobile communication center.

Establish a working relationship with selected state agencies requiring
technical support that the SDF can provide. Under these conditions the SDF can
use the agency’s material and equipment for itself for the duration of their
working relationship.

Training.The backbone of any professional military force is
training, both general military training and job-specific training. A well-run
SDF is no exception. Therefore, there must be an established schedule of
training for all personnel who want to be active members of their assigned
units. Each member should undergo basic SDF coaching before starting duty. This
will include general education in military customs and courtesies, as well as in
SDF roles and responsibilities. Specialized professional directorates, such as
chaplaincy, JAG, and medical regiment, have memberships that are already
accustomed to continuing professional education, and they should be required to
participate in continuing professional education unique to SDFs, as well. It is
also vital that all SDF personnel be trained in the National Incident
Management System’s (NIMS) Incident Command System (ICS) for command and control
of emergency situations, which is readily available through FEMA or a state’s
emergency management agency. This will allow SDF personnel to fit seamlessly
into a larger strategy for handling a domestic emergency.

Enhancing the Strength of the Nation’s SDFs

Despite the tremendous advances in the role and stature of SDFs in recent years,
forward thinking shows that more can be done to solidify and strengthen SDFs.
Suggested future actions for states and Congress include:

States should promote the creation of SDFs in high-risk states.
Presently, 28 states have chosen not to authorize an SDF, including several
states at high risk of natural disasters or terror attacks. The hesitation of
many states to create an SDF makes little sense, given that SDFs offer
near-zero-cost force multipliers for homeland security efforts. There are, as
outlined herein, a number of vibrant SDFs that can serve as models for new ones
throughout the states, and whose command and staff elements could act as
valuable advisors in the start-up process.

States and federal policymakers should integrate SDF units into state and
federal emergency management planning. States, the Department of Defense,
and the Department of Homeland Security should seek to integrate SDFs into
existing and future emergency management plans to ensure that all players in
state emergency response are aware of the resources provided by their state’s
SDF. Further, emergency management plans and exercises will provide the SDF with
greater guidance on its role in state response in the event of a disaster. It is
essential that all SDF personnel be drilled in NIMS-ICS protocols, both upon
entry into service and on a continuing basis.

Congress should amend Title 32 of the U.S. Code to provide unmistakable
permission for joint training between the National Guard and the SDF. In
November 2011, the National Guard Bureau (NGB) revised its principal regulation
covering SDFs, NGB Reg. 10–4, to eliminate many antiquated provisions. Contained
in the revised version was a provision recognizing that “state [National Guard]
may train or conduct exercises and maneuvers in conjunction with SDFs,” provided
that no federal funds or equipment are used.[41]
While this is a good first step in facilitating joint training between National
Guard and SDF units, more can be done. Congress should amend Title 32 to provide
unmistakable authority for joint training between National Guard and SDF units.
Specifically, the law should be amended to allow the National Guard to provide
assistance to all auxiliary forces, including the SDF, the Civil Air Patrol, and
Coast Guard Auxiliary.[42] Such an
amendment would not only allow the National Guard to provide assistance in the
form of technical training, administrative support, and equipment, but also
allow the National Guard and the SDF to better share best practices for
emergency management and state homeland defense.

State and federal policymakers should enhance state resource allocation and
federal in-kind support. One of the many merits of the SDF is its nature as
a near-zero-cost homeland security resource for its state. With states not
required to fund their state defense forces, SDFs themselves often seek funds
and support through such activities as the creation of 501(c)(3) foundations.
Yet, adequate state support and resources would increase the quality and
capability of the SDF. Additionally, while SDFs, by their nature as state
military forces, should remain primarily funded by the states, these forces
would greatly benefit from receiving federal in-kind support, such as excess
federal equipment and supplies, from the Department of Defense.

States should develop the State Defense Force Intelligence Mission. The
intelligence function, falling within the G2 staff area, is often overlooked by
a SDF, with the exception of its own security needs. Strictly military
intelligence (in the sense of ascertaining national defense information) is
obviously an exclusively federal function. There are, however,
intelligence-related missions that would benefit the command of the SDF. Most
SDFs have at least one activity that provides excellent support to their
National Guard or their governor in critical-infrastructure risk assessment,
disaster mitigation, emergency management, use of technology, and knowledge of
where to obtain additional resources, both human and materiel. These activities
provide essential information to commanders in emergency situations, which is
the kind of “local knowledge” operational intelligence that can be a huge boost
making emergency missions successful.

A related, emerging area for SDF utilization is their potential as
resource-providers for combating cyberwarfare, an increasingly grave threat that
would not only affect the defense and defense-related industrial assets of the
nation, but also ordinary citizens and businesses, whose activities could become
paralyzed. SDFs have the potential to attract computer experts who could, at a
minimum, assist in recovery operations in their states after a cyberattack.

Arizona: The Chance to Be an Example

With the passage of S.B. 1495, Arizona stands ready to authorize and establish a
state defense force unit. Once authorized, Arizona’s state leaders will be faced
with determining how best to organize and train their newly authorized SDF. By
building on best practices throughout the nation and seeking to establish a
force focused on creating professional units, Arizona can establish a state
defense force that meets the needs of its population—and serves as an example
and an inspiration to states across the country.

—Jessica Zuckerman is a Research Associate in the Douglas and
Sarah Allison Center for Foreign Policy Studies, a division of the Kathryn and
Shelby Cullom Davis Institute for International Studies, at The Heritage
Foundation. Colonel Martin Hershkowitz is Chairman of the Board of
Directors and Executive Vice President of the Citizen Soldier Treatment Center,
Inc., chief editor at the SDF Publication Center, Associate Director of Military
Programs (Special Projects) for the Aleph Institute, and Executive Consultant
for Hershkowitz Associates. He is retired from the Maryland Defense Force
(MDDF), where he served as Special Advisor to the Commanding General, and to the
commander of the 10th Medical Regiment. Brigadier General Frederic N. Smalkin
currently serves as a Special Advisor to the MDDF Commanding General, a position
he previously held himself. He is a retired chief judge of the U.S. District
Court for Maryland, a faculty member at the University of Baltimore School of
Law and at the Johns Hopkins University School of Medicine, and a member of the
American Law Institute. He has also served as chairman of the Maryland State
Emergency Management Commission. James Jay Carafano, Ph.D., is Deputy
Director of the Kathryn and Shelby Cullom Davis Institute for International
Studies, and Director of the Douglas and Sarah Allison Center for Foreign Policy
Studies, a division of the Davis Institute, at The Heritage Foundation.

[16]Col. James L. Greenstone, “The Texas
Medical Rangers in the Military Response of the Uniformed Medical Reserve Corps
to Hurricane Katrina and Hurricane Rita 2005: The New and Tested Role of the
Medical Reserve Corps in the United States,” State Defense Force Monograph
Series, Winter 2006, at

[37]Hershkowitz and Tenenbaum, “The
Critical Shortage of Military Chaplains.”

[38]The South Carolina State Guard
offered a $3,000 state-tax exemption, provided a guardsman has completed at
least 192 hours of service. Texas provides tuition reimbursement for up to 12
credit hours per semester for members of the Texas State Guard and the Texas
National Guard. Maryland provides state passes to permit free travel on toll
roads and bridges for mission purposes and, starting in 2012, will allow
state-income-tax relief of up to $3,500 for MDDF service.

[42]32 U.S. Code § 508. Section 508 lists
the Boy and Girl Scouts of America, the Young Men’s and Women’s Christian
Association, the Police Athletic League, and the Civil Air Patrol, but not the
Coast Guard Auxiliary or the State Defense Force, among the organizations
authorized to use National Guard facilities and equipment, as well as receive
technical training and administrative support.

Share

Key Points

1 In July 2011, Arizona’s Senate Bill 1495 went into effect, authorizing Arizona’s governor to establish a state guard unit. These volunteer units, formally known as state defense forces (SDFs), are today’s modern state militias. They are authorized under the Constitution and by state and federal law.

2 Historically, SDFs were organized along traditional unit lines, usually as light infantry and military police forces. Today’s threats require a different mission. Modern SDFs serve as auxiliaries to the National Guard units of their states, as well as low-cost force multipliers for state homeland security missions in disaster preparation, response, and recovery.

3 SDFs continually reside in their respective states and can be called up quickly and easily in times of need.

4 By building on best practices throughout the nation, Arizona can establish a SDF that meets the needs of its population—and serves as an example for other states.

Key Points

In July 2011, Arizona’s Senate Bill 1495 went into effect, authorizing Arizona’s governor to establish a state guard unit. These volunteer units, formally known as state defense forces (SDFs), are today’s modern state militias. They are authorized under the Constitution and by state and federal law.

Historically, SDFs were organized along traditional unit lines, usually as light infantry and military police forces. Today’s threats require a different mission. Modern SDFs serve as auxiliaries to the National Guard units of their states, as well as low-cost force multipliers for state homeland security missions in disaster preparation, response, and recovery.

SDFs continually reside in their respective states and can be called up quickly and easily in times of need.

By building on best practices throughout the nation, Arizona can establish a SDF that meets the needs of its population—and serves as an example for other states.

Rep. Peter Roskam (R-IL) says it's "a great way to start the day for any conservative who wants to get America back on track."

Sign up to start your free subscription today!

Sorry! Your form had errors:

About The Heritage Foundation

The Heritage Foundation is the nation’s most broadly supported public policy research institute, with hundreds of thousands of individual, foundation and corporate donors. Heritage, founded in February 1973, has a staff of 275 and an annual expense budget of $82.4 million.

Our mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Read More